How Just is the Philosophy Restorative Justice

Restorative Justice: How Just is the Philosophy?

The principle of restorative justice was first created as an alternative to the two dominant philosophies of corrections: retribution and rehabilitation. The retributive view of corrections suggests that the purpose of corrections is to punish the offender. The rehabilitative view suggests that the purpose of corrections is to change the character of the offender for the better and prevent future crimes from taking place. Both neglect the needs of the victim, however, which is how the principle of restorative justice arose. According to the Centre for Justice and Reconciliation’s definition of “What is Restorative Justice” (2018), the philosophy: “emphasizes accountability, making amends, and — if they are interested — facilitated meetings between victims, offenders, and other persons.”
For some crimes, the principles of restorative justice would seem to be highly appropriate. A good example of this is vandalism, in which perpetrators are required to clean up their defacement as well as other areas in the affected community. An individual who was convicted of committing arson might be asked to do volunteer work for the fire department or an individual convicted of a minor drug offense might be asked to volunteer and help addicts. These examples demonstrate the principle of restorative justice by ensuring that the punishment helps the victims but also has a teaching function for the person or persons who experienced the harm.
For juvenile offenders, who are not treated the same as adult offenders and who are part of a system of justice which is primarily designed to rehabilitate the offender, regardless of the offense, restorative justice seems particularly appropriate. “Restorative justice does not seek to alienate or isolate people who commit crimes, but instead to offer community support that will allow the person who harmed to successfully meet her obligations to the victim” (Nusrat, 2013, par. 5). Isolating juveniles from the community because of the crimes they commit may be particularly harmful and simply make them more likely to commit crimes in the future and identify with the persona of a criminal, versus a law-abiding citizen.
On the other hand, other uses of restorative justice are more controversial. A good example of this is the idea of victim (or victim’s family) and perpetrator meeting to discuss the crime. A rape victim might not wish to reencounter the man who hurt her. “This dialogue is intended for the victim to identify his needs, and for the person who harmed to take accountability for her actions and to come up with ways in which she can meet the victim’s needs” (Nusrat, 2013, par. 5). More cathartic good might be done for the perpetrator than the victim in such instances. Arguably, some violent crimes are more appropriately punished by retributive actions than restorative actions, particularly for repeat offenders. Also, the idea that victims can be made whole after certain crimes like rape denies the considerable suffering and long-term psychological damage victims often experience.
A final concern is an issue of social justice. Due to societal prejudice and living in communities with higher crime rates, minority youths often have higher rates of contact with the police than Caucasian youths and are thus more likely to be prosecuted for crimes that might be overlooked, otherwise, like minor drug offenses. There is also considerable leeway in terms of youths are treated within the justice system. A nonviolent Caucasian youth who committed a crime of drug possession might be treated as an addict, versus the criminal a nonwhite youth might be regarded as by a judge. The principle of restorative justice does not necessarily mean that it will be equally applied to all ethnic groups. It also does not address the social harms done to specific communities by the justice system itself.


References
Nusrat, N. (2013). What is—and is not—restorative justice? National Centre for Crime and
Delinquency. Retrieved form: https://www.nccdglobal.org/newsroom/nccd-blog/what- and-not-restorative-justice
What is restorative justice? (2018). Centre for Justice and Reconciliation. Retrieved from:
http://restorativejustice.org/#sthash.Zpiqhc3d.fnSlqRx5.dpbs